Health Practitioners Registration (Miscellaneous Amendments) Act 2007
An Act to amend the Dental Practitioners Registration Act 2001 , Medical Practitioners Registration Act 1996 and Pharmacists Registration Act 2001
[Royal Assent 17 April 2007]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART 1Preliminary1Short titleThis Act may be cited as the Health Practitioners Registration (Miscellaneous Amendments) Act 2007 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. PART 2Dental Practitioners Registration Act 2001 Amended3Principal ActIn this Part, the Dental Practitioners Registration Act 2001 is referred to as the Principal Act. 4Section 73 amended (Medical practitioners' notices relating to fitness to practise) Section 73 of the Principal Act is amended by omitting "that prescribed instrument" and substituting "the order or recommendation". PART 3Medical Practitioners Registration Act 1996 Amended5Principal ActIn this Part, the Medical Practitioners Registration Act 1996 is referred to as the Principal Act. 6Section 3 amended (Interpretation) Section 3(1) of the Principal Act is amended by omitting the definition of contravene . 7Section 74 repealed Section 74 of the Principal Act is repealed. 8Schedule 2 amended (Provisions with respect to meetings of Council) Clause 6 of Schedule 2 to the Principal Act is amended by inserting after subclause (4) the following subclauses: (5)A person must not fail to comply with an order under subclause (3)(a) .Penalty: Fine not exceeding 25 penalty units.
(6)A person must not fail to comply with an order under subclause (3)(b) .Penalty: In the case of –
(a) a body corporate, a fine not exceeding 50 penalty units; or (b) an individual, a fine not exceeding 25 penalty units. 9Schedule 3 amended (Powers and procedures of assessment committees and investigators) Clause 2 of Schedule 3 to the Principal Act is amended by inserting after subclause (3) the following subclauses: (4)However, a responsible entity that is conducting any proceedings in public may do either or both of the following if it considers that there are compelling grounds to do so: (a) make an order excluding any person from the proceedings; (b) make an order prohibiting the reporting or other disclosure of all or any of the proceedings or prohibiting the reporting or other disclosure of particular information in respect of the proceedings. (5)Without limiting the range of grounds that may be relevant for the purposes of subclause (4) , the responsible entity may exercise its power under that subclause if – (a) it is dealing with privileged information or information that has been communicated to the responsible entity in confidence; or (b) it is dealing with information concerning the personal affairs, finances or business arrangements of a registered medical practitioner; or (c) the disclosure of the proceedings or the information may be unfairly prejudicial to the reputation of a registered medical practitioner or any other person. (6)A person must not fail to comply with an order made under subclause (4)(a) .Penalty: Fine not exceeding 25 penalty units.
(7)A person must not fail to comply with an order made under subclause (4)(b) .Penalty: In the case of –
(a) a body corporate, a fine not exceeding 50 penalty units; or (b) an individual, a fine not exceeding 25 penalty units. 10Schedule 5 amended (Provision with respect to powers and procedures of Tribunal) Schedule 5 to the Principal Act is amended by inserting after subclause (4) in clause 2 of Part 1 the following subclauses: (5)A person must not fail to comply with an order under subclause (2)(a) .Penalty: Fine not exceeding 25 penalty units.
(6)A person must not fail to comply with an order under subclause (2)(b) .Penalty: In the case of –
(a) a body corporate, a fine not exceeding 50 penalty units; or (b) an individual, a fine not exceeding 25 penalty units. PART 4Pharmacists Registration Act 2001 Amended11Principal ActIn this Part, the Pharmacists Registration Act 2001 is referred to as the Principal Act. 12Section 3 amended (Interpretation) Section 3 of the Principal Act is amended by omitting the definition of contravene . 13Section 38 amended (Removal from register) Section 38(4)(b) of the Principal Act is amended by omitting " subsection (1)(b)(ii) , (iii) or (iv) " and substituting " subsection (1)(b)(ii) or (iv) ". 14Section 73 amended (Information about bodies corporate) Section 73(5) of the Principal Act is amended by omitting "time" and substituting "period". [Second reading presentation speech made in:
House of Assembly on 13 MARCH 2007
Legislative Council on 21 MARCH 2007]